Judges publish ruling in Alfie Evans life support case

Judges publish ruling in Alfie Evans life support case

Three Court of Appeal judges who dismissed Alfie Evans’ parents’ latest claims have published a ruling outlining their reasoning.

Lord Justice Davis, Lady Justice King and Lord Justice Moylan ruled against Tom Evans and Kate James following a Court of Appeal hearing in London on Monday.

The judges’ ruling has now been published on the British and Irish Legal Information Institute website.

(Alfies Army/Facebook/PA)
(Alfies Army/Facebook/PA)

“It is clear that by their present application the parents are seeking the same outcome that they were seeking from the court in February and March 2018,” the three judges explained.

“They wanted to take Alfie to the hospital in Italy and opposed his remaining in hospital in England.

“The court had to decide whether the parents should be permitted to do what they wanted or whether Alfie should remain in Alder Hey and receive treatment and care there…

“The court decided that the parents’ views were not determinative; that moving him to hospital in Italy was contrary to his best interests.”

Tom Evans and Kate James, Alfie's parents (Philip Toscano/PA)
Tom Evans and Kate James, Alfie’s parents (Philip Toscano/PA)

They said Alfie was not being “detained” in hospital or “deprived of his liberty”.

“We see no basis for any submission that he is being deprived of his liberty in terms … the doctrine of habeas corpus,” said judges.

“In our view the arguments advanced on behalf of the parents provide no basis on which Alfie could be said to be detained.”

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